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Across the country, state legislatures are ushering in better rural connectivity by passing new laws that enable electric cooperatives to expand high-quality Internet access. In recent years, much of this legislation has authorized co-ops to deploy broadband infrastructure along existing electric easements. Other bills have removed restrictions that previously prevented electric co-ops from providing Internet access. Together, the new legislation makes it easier for electric cooperatives to bring high-speed broadband access to their members, signaling a brighter future for unconnected rural communities

Indiana in the Lead

Indiana’s state legislature was ahead of the curve when it passed SB 478, the Facilitating Internet Broadband Rural Expansion (FIBRE) Act back in 2017. The FIBRE Act permits electric cooperatives to use easements for their electric poles to also deploy broadband networks. Before the General Assembly passed this legislation, cooperatives that wanted to install communications infrastructure, such as fiber optic lines, along their electric easements would have to gain permission from each individual landowner to attach fiber to the existing poles.

In the past year, communities and cooperatives in Texas have been making gallant efforts to better connect local residents and businesses with high-quality Internet access. Now, they may get a little help from the State Legislature.

Helping Co-ops

Earlier in this session, Senator Robert Nichols introduced SB 14, a bill that will allow electric cooperatives that hold easements obtained for electric service infrastructure the ability to extend those easements to broadband infrastructure. The bill replicates the FIBRE Act, a 2017 Indiana bill that opened up possibilities for rural cooperatives in that state.

“I’m getting a lot of support because all of the other plans for broadband that have been proposed use subsidies,” said Nichols. “This one asks the state for nothing, it asks the federal government for nothing.”

He also told KLTV that the Governor’s office has expressed support for the proposal.

Similar to Indiana’s FIBRE Act, the extension of the easement applies to those that already exist. By enacting making the change, cooperatives that already have infrastructure in place will save time in deploying fiber optic networks because they won’t need to obtain a second set of easements from members who’ve already granted them for electricity infrastructure.

In addition to offering broadband to members sooner, cooperatives who are able to take advantage in the change in the law will also save financially. Personnel costs, filing, and administrative fees add up when a co-op must obtain multiple, sometimes dozens or hundreds, of legal easements. Occasionally, a property owner doesn’t consent to an easement right away. This change in the law will prevent hang-ups in deployment due to uncooperative property owners that can jeopardize a project.

Back Home Again in Indiana

Several Indian electric cooperatives have announced Fiber-to-the-Home (FTTH) deployments since the FIBRE Act took effect....

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This is where the profit motive fails society -- there's no real financial incentive to provide coverage for someplace like Gilboa, New York, so therefore it isn't covered. But there is an incentive to prevent anyone else -- including the small town itself or, heaven forbid, the entire county -- from providing services to Gilboa because a David may grow up with the potential of killing Goliath.

Government does have an interest in seeing Gilboa, New York get access to broadband Internet coverage, because that would mean more employment opportunities, better educational facilities, and even more self-employment. In other words, like roads, sewage and utilities, broadband infrastructure is necessary to economic development.